6. Conditional Use Permit - HagestadPlanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.katispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
SUBJECT Hagestad - Conditional Use Permit to expand a contractor's storage yard at
1020 W. Center Street
MEETING DATE: November 7, 2011
BACKGROUND: The Kalispell City Planning Board met on October 11, 2011 and held a public
hearing to consider a request by Edward (Mick) Hagestad for a conditional use permit to allow the
construction of a 40' x 70' (2,800 square foot) building to be used for the storage of equipment and
materials associated with the painting business currently occupying the property. The property is
zoned B-2 (General Business) which requires a conditional use permit for the use of the property as a
contractor's storage yard. This would include using a building for the storage of equipment and
materials associated with a contractor's business.
The property is located at 1020 West Center Street, on the south side of the street, approximately 250
feet east of the intersection of South Meridian Road and West Center Street. The property is
approximately 13,000 square feet (0.3 of an acre) in size and can be described as Assessor's Tract
5DEA located in Section 18, Township 28 North, Range 21 West P.M.M., Flathead County,
Montana.
Kalispell Planning Department staff presented staff report #KCU-11-03 providing details of the
proposal and the evaluation. Planning staff reviewed the conditional use permit request for the new
building and noted that there were no real issues with the proposed building but there has been an on-
going issue with part of the painting operation.
The neighboring property owner to the east brought to staff s attention that as part of the general
operation of the painting business they do outdoor painting and staining from time -to -time just
outside the existing building. The location of the painting and staining is about 50 feet from the
neighboring property owner's house. The neighboring property owner was requesting all painting
and staining be conducted indoors. Based on the concerns from the neighbor staff felt when the new
building is constructed it was appropriate to require outdoor painting or staining to be located further
to the west and south of the existing building. Mr. Conrad recommended the board hold the public
hearing and then consider the outdoor painting issue and whether it is appropriate to require all or a
portion of the painting and staining operations be conducted inside or moved to the west behind the
existing building as recommended in condition #2.
During the public hearing Mick Hagestad and Kelson Ramey, both of Hagestad Painting, spoke in
favor of the proposed project. They shared with the board the painting operations conducted on the
project site and discussed with the board the options of moving the outdoor painting to the southwest
corner of the property or indoors. Cathy Fabel, neighboring property owner to the east of the project
site, also spoke to the board. She expressed her concerns of the current outdoor painting area and its
proximity to her home, immediately east of the site. She explained to the board that when they are
spraying the paint it is right next to her fence and lands directly on the other side of the fence in her
yard. While painting the workers are wearing protection but there is no protection or mitigation of
fumes for her and her family. Mrs. Fabel stated that she did not have a problem with Mr. Hagestad
expanding his business but she would like to see all painting on the site required to be indoors.
The board discussed the outdoor painting issue after hearing testimony from both the applicant and
neighbor. The planning board's discussion centered on the fact that the permit request before them is
to expand a contractor's storage yard by adding a new shop building on the property. The board
recognized Mrs. Fabel's concerns but conducting outdoor painting had been going on for decades on
the property. The planning board felt that recommending the painting area be relocated to the
southwest corner of the property (condition # 2) was about as far as the board could go on addressing
the outdoor painting issues. The planning board then voted unanimously that the city council
approve the conditional use permit with the 5 attached conditions.
After the planning board meeting the applicant, Mick Hagestad, and the Fabels met to discuss what
could be done regarding the outdoor painting. During a meeting on Friday, October 21St at the
planning department's conference room Mr. Hagestad agreed to install an indoor paint booth. Mr.
Hagestad still wanted the opportunity to conduct some painting outside but agreed that it would be
conducted in the southwest corner of the property, south of the existing building. Based on this
meeting, Mr. Hagestad is requesting the city council consider amending condition number 2 as
follows:
2. A painting/staining booth shall be installed in either the existing or proposed building The paint
booth shall meet all applicable building and fire codes. T T Pon eempletiefi. After the paint booth is
installed of the new building a11 outside painting of materials shall be conducted in
the southwest corner of the property, on the south side of the existing building, using primarily
water based paints.
RECOMMENDATION: ATION: A motion to approve Conditional Use Permit KCU-11-03 with the five
conditions, including the above amendments to condition no. 2, would be in order.
FISCAL EFFECTS: The approval of the conditional use permit would have minimal fiscal effects
to the city.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Sean Conrad Jane Howington
Senior Planner City Manager
Report compiled: November 1, 2011
c: Theresa White, Kalispell City Clerk
Vol In MUNIN we ► M,10101110EIM
The Kalispell City Planning Board held a public hearing on this matter at the regularly scheduled
planning board meeting on October 11, 2011. The following conditions are recommended with
approval of the conditional use permit:
On -going conditions:
1. That conrnnencement of the approved activity must begin within 18 months from the date of
authorization or that a continuous good faith effort is made to bring the project to completion.
2. Upon completion of the new building all outside painting and staining of materials shall be
conducted in the southwest corner of the property, on the south side of the existing building.
3. If a security gate is used on the property the owner shall install a Knox Lock at the gate in a
location approved by the Kalispell Fire Department.
Prior to the issuance of a building permit:
4. A parking lot plan drawn in accordance with section 27.24.030(3) of the zoning ordinance
shall be submitted prior to the issuance of a building permit. The plan shall also include an
approximate time for parking lot paving. The parking lot plan shall be reviewed and
approved by the planning department.
5. A stormwater management plan designed in accordance with the city's stormwater standards
shall be submitted to the public works department for review and approval.
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
Cif:7_MI 907Y[r7/0►ii7YY t I: YlY7►
APPLICANT: Edward (Mick) Hagestad
PO Box 7111
Kalispell, MT 59904
LEGAL DESCRIPTION: Assessor's Tract 5DEA located in Section 18, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana
ZONE: B-2, General Business
The applicant has applied to the City of Kalispell for a conditional use permit to expand a
contractor's storage yard in the B-2, General Business, district.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
October 11, 2011, held a public hearing on the application, took public comment and recommended
that the application be approved subject to certain conditions.
After reviewing the application, the record, the KPD report, and after duly considering the
matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Kalispell Planning Department Conditional Use Report #KCU-11-03 as the Council's
findings of fact, and issues and grants to the above -described real property a conditional use permit
to expand a contractor's storage yard in the B-2 zoning district subject to the following conditions:
On -going conditions:
That commencement of the approved activity must begin within 18 months from the
date of authorization or that a continuous good faith effort is made to bring the
project to completion.
2. Upon completion of the new building all outside painting and staining of materials
shall be conducted in the southwest corner of the property, on the south side of the
existing building.
3. If a security gate is used on the property, the owner shall install a Knox Lock at the
gate in a location approved by the Kalispell Fire Department.
Prior to the issuance of a building permit:
4. A parking lot plan drawn in accordance with Section 27.24.030(3) of the zoning
ordinance shall be submitted prior to the issuance of a building permit. The plan shall
also include an approximate time for parking lot paving. The parking lot plan shall be
reviewed and approved by the Planning Department.
5. A stormwater management plan designed in accordance with the city's stormwater
standards shall be submitted to the Public Works Department for review and
approval.
Dated this 7th day of November, 2011.
0
. ss
County of Flathead
Tammi Fisher
Mayor
On this day of , 2011 before me, a Notary Public, personally
appeared Tammi Fisher, Mayor of the City of Kalispell, known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same on behalf of
the City of Kalispell.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
Notary Public, State of Montana
Printed Name:
Residing at Kalispell, Montana
My Commission Expires
PLANNING FOR THE PUI LIRE
October 31, 2011
Jane Howington, City Manager
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
Planning Department
2011" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.katispell.com/planning
Re: Hagestad — Conditional Use Permit to expand a contractor's storage yard
Dear Jane:
The Kalispell City Planning Board met on October 11, 2011 and held a public hearing to consider a
request by Edward (Mick) Hagestad for a conditional use permit to allow the construction of a 40' x
70' (2,800 square foot) building to be used for the storage of equipment and materials associated with
the painting business currently occupying the property. The property is zoned B-2 (General
Business) which requires a conditional use permit for the use of the property as a contractor's storage
yard. This would include using a building for the storage of equipment and materials associated with
a contractor's business.
The property is located at 1020 West Center Street, on the south side of the street, approximately 250
feet east of the intersection of South Meridian Road and West Center Street. The property is
approximately 13,000 square feet (0.3 of an acre) in size and can be described as Assessor's Tract
5DEA located in Section 18, Township 28 North, Range 21 West P.M.M., Flathead County,
Montana.
Sean Conrad, of the Kalispell Planning Department, presented staff report #KCU-11-03 providing
details of the proposal and the evaluation. Mr. Conrad reviewed the conditional use permit request
for the new building and noted that there were no real issues with the proposed building but there has
been an on -going issue with part of the painting operation.
The neighboring property owner to the east brought to staffs attention that as part of the general
operation of the painting business they do outdoor painting and staining from time -to -time just
outside the existing building. The location of the painting and staining is about 50 feet from the
neighboring property owner's house. The neighboring property owner was requesting all painting
and staining be conducted indoors. Based on the concerns from the neighbor staff felt when the new
building is constructed it was appropriate to require outdoor painting or staining to be located further
to the west and south of the existing building. Mr. Conrad recommended the board hold the public
hearing and then consider the outdoor painting issue and whether it is appropriate to require all or a
portion of the painting and staining operations be conducted inside or moved to the west behind the
existing building as recommended in condition #2.
During the public hearing Mick Hagestad and Kelson Ramey, both of Hagestad Painting, spoke in
favor of the proposed project. They shared with the board the painting operations conducted on the
project site and discussed with the board the options of moving the outdoor painting to the southwest
corner of the property or indoors. Cathy Fabel, neighboring property owner to the east of the project
site, also spoke to the board. She expressed her concerns of the current outdoor painting area and its
proximity to her home, immediately east of the site. She explained to the board that when they are
spraying the paint it is right next to her fence and lands directly on the other side of the fence in her
yard. While painting the workers are wearing protection but there is no protection or mitigation of
fumes for her and her family. Mrs. Fabel stated that she did not have a problem with Mr. Hagestad
expanding his business but she would like to see all painting on the site required to be indoors.
The board discussed the outdoor painting issue after hearing testimony from both the applicant and
neighbor. The planning board's discussion centered on the fact that the permit request before them is
to expand a contractor's storage yard by adding a new shop building on the property. The board
recognized Mrs. Fabel's concerns but conducting outdoor painting had been going on for decades on
the property. The planning board felt that recommending the painting area be relocated to the
southwest corner of the property (condition # 2) was about as far as the board could go on addressing
the outdoor painting issues. The planning board then voted unanimously that the city council
approve the conditional use permit with the 5 attached conditions.
Please schedule this matter for the November 7, 2011 regular city council meeting. You may contact
this board or Sean Conrad at the Kalispell Planning Department if you have questions regarding this
matter.
Sincerely,
Kalispell City Planning Board
9
John Hinchey
President
Attachments: Letter of transmittal
Staff Report #KCU-11-03 and supporting documents
Draft minutes from the 10/11/2011 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Edward (Mick) Hagestad
PO Box 7111
Kalispell, MT 59904
I �T- -1 ' fU-67-j
TIR-TRYt-171-EMME 7-7-A-741—Vi
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU- 11-03
OCTOBER 5, 2011
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a
request for a conditional use permit to expand a contractor's storage yard. A public hearing
on this matter has been scheduled before the planning board for October 11, 2011
beginning at 7:00 PM, in the Kalispell City Council Chambers. The planning board will
forward a recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION: The owner, Mick Hagestad, purchased the property in
approximately 1975. At that time the property had a small house on the north side, which
has since been removed, and the rest of the property was vacant. Mr. Hagestad had a
building constructed around 1976 to accommodate his painting business. The building is
still on the property and he has been using the building and property since that time as a
base for his painting business.
Mr. Hagestad is requesting to construct an approximately 40'x 70'building on the west
side of the property. The existing building will remain with the new building providing
additional storage for equipment and supplies.
The property is zoned B-2 (General Business) under the city's zoning ordinance.
Contractor's storage yard is listed as a conditional use under the B-2 zoning. Although
most of the storage of equipment and materials for the painting business will be inside the
proposed building, the use of the property as primarily storage of paint materials and
equipment, even within a building still falls under the definition of a contractor's storage
yard. Therefore, the owner was informed he needed to receive a conditional use permit
prior to the city issuing a permit to construct the building.
Owner/ Petitioner: Edward (Mick) Hagestad
PO Box 7111
Kalispell, MT 59904
(406) 752-4311
Size and Location: The property is located at 1020 West Center Street, on the south
side of the street, approximately 250 feet east of the intersection of South Meridian Road
and West Center Street. The property is approximately 13,000 square feet (0.3 of an
acre) in size and can be described as Assessor's Tract 5DEA located in section 18,
Township 28 North, Range 21 West P.M.M Flathead County, Montana.
Figure 1: View of the property from West Center Street.
A. Summary of Request: Mr. Hagestad is proposing to construct a 40' x 70' (2,800
square foot) building to be used for the storage of equipment and materials
associated with the painting business currently operating from the property. The
painting business is housed within a building on the south side of the property
which will remain.
The proposed 2,800 square foot building would provide a small office area and
bathroom on the north end of the building. The remaining portion of the building
will house equipment and materials associated with the painting business. The
building will be approximately 22 feet tall at the peak of the roof and include two
entrance/exit doors and two 10'x 10' overhead roll -up doors. The exterior of the
building will use 8" horizontal hardi lap siding with a 4:12 pitch roof.
East of the proposed building the owner will be installing a paved parking lot and
drive aisle. Landscaping is shown on the north side of the property between the
proposed building and parking lot and West Center Street.
Mr. Hagestad has also indicated future expansion plans to the property
immediately south. These plans include leasing or purchasing an area
approximately 66' x 108' to be used for a covered storage area and outside work
area, weather permitting. This future expansion area is not part of the requested
conditional use permit application. Should Mr. Hagestad pursue expanding his
V,
business south he will need to apply for either an administrative conditional use
permit or standard conditional use permit depending on the size of the expansion
area.
B. Existing Land Use and Zoning: The property is zoned B-2 (General Business).
The property is currently developed with one building, approximately 1,664 square
feet in size, one 9' x 20' storage container and areas for outdoor storage and
parking.
C. Adjacent Land Uses and Zoning: The immediate area is characterized by single-
family homes, commercial businesses and offices. Surrounding land uses reflect
the mix of uses permitted in the B-2 and I-1 (Light Industrial) zoning districts.
Figure 2: Aerial view of the property and adjacent land uses
D. Relation to the Growth Policy: The current Kalispell City Growth Policy Map
designates the project site as commercial, which provides the basis for the current
B-2 zoning designation. The growth policy map lists uses such as retail, offices,
services, mixed use and residential as generally being the uses found in the
commercial land use designation.
E. Utilities/Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
3
Solid Waste:
City of Kalispell or private contractor
Gas:
Northwestern Energy
Electric:
Flathead Electric Cooperative
Phone:
CenturyLink
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
School District #5, Kalispell
This application has been reviewed in accordance with the conditional use review criteria in
the Kalispell Zoning Ordinance.
IM
a. Adequate Useable Space: The property is approximately 13,000 square feet in
size and contains an existing building approximately 1,664 square feet. The
site is level and there is adequate space on the site for the proposed building
and accompanying parking lot.
b. Adequate Access: The property is accessed off of West Center Street, an
approximately 34 foot wide city street. An alternate access is provided on the
south end of the property. This access utilizes an alley easement through the
property to the east and connects with an existing alley. The existing access
is adequate to serve the proposed building and staff associated with the
painting operation.
C. Environmental Constraints: There are no obvious environmental constraints
apparent on the property.
d. Height, bulk and location of structures: The proposed building is well under
the maximum permitted height limit of 40 feet in the B-2 zone. The building
will meet all applicable setbacks and will fit in with the existing commercial
and light industrial buildings in the immediate area.
a. Parking Scheme: The existing building on the property is approximately
1,664 square feet in size. The proposed building will have an enclosed space
of approximately 2,400 square feet with a ten foot covered parking
area/storage area on the south side of the building. The total square footage
for both buildings would be slightly over 4,000 square feet.
Section 27.24.050 of the zoning ordinance provides the minimum amount of
off-street parking spaces required for specific uses. The use of the current
building and proposed building would place them under the warehouse and
storage category requiring one space per 2,000 square feet of gross floor area.
A portion of the proposed building will be used for office use, approximately
250 square feet, in addition to storage. This office area will also be calculated
under the warehouse and storage category, which requires two off-street
parking spaces. Based on the warehouse and storage category a minimum of
four off-street parking spaces will be required on the property.
A review of the parking lot plan included on the site plan has some issues
that need to be addressed. The parking spaces shown are too small. The
minimum parking space size is 9' x 20'. In addition, one space must be a van
accessible handicap space. This requires one 8' x 20' parking space and an
adjacent 8' x 20' area for loading and unloading from the vehicle.
The site plan also shows a wood fence along the entire length of the eastern
property boundary. Although a majority of this boundary has a fence, the
first 40 feet from the property boundary along West Center Street south does
not have a fence but tall bushes. Section 27.24.030.2 (d)2 permits parking
within the side setback area provided a sight obscuring fence or landscaping
is in place. Based on the submitted site plan, a fence will need to be installed
along a portion of the west property boundary to both permit the parking
within the setback area and provide the perimeter security for the property.
To address the issues listed above a condition of approval will require the
owner to submit a revised parking lot plan to the planning department in
accordance with section 27.24.030.3 of the zoning ordinance. The plan will
need to be approved prior to issuing a building permit on the property.
b. Traffic Circulation: Access to the existing building and parking area is
provided by West Center Street. West Center Street is classified as a minor
arterial street in the city's transportation plan. The amount of traffic
generated currently on the site does not impact the function of Center Street.
The proposed building may add several additional vehicle trips per day to the
property but this amount will not negatively impact the street.
C. Open Space: No specific open space requirements are required under the B-2
zoning district other than the required setbacks. The existing grounds
provide for open space in the form of grass and landscaping on the north and
west sides of the property, between the proposed building and adjacent city
street and property line.
d. Fencing/Screening/Landscaping: The site currently has some landscaping in
the form of tall bushes along a portion of the east property boundary.
Fencing consists of chain link fencing on the south side of the property and a
wood fence along a portion of the east property boundary. The owner is
proposing to continue the chain link fencing along portions of the west
property boundary, east property boundary and on the north side of the
property adjacent to West Center Street. The fencing along West Center
Street will include a gate across the proposed drive aisle into the property.
Landscaping is noted on the application however details were not provided at
this time. The owner will be going through city's architectural review
committee prior to any building permit approvals. The committee generally
reviews landscape plans in conjunction with building permits and helps
developers in determining the appropriate landscaping for the area.
e. Signage: No signs have been proposed as part of the application.
f. Lighting: Chapter 27.26of the Kalispell Zoning Ordinance sets standards for
all outdoor lighting on commercial structures. As part of the building permit
review for the proposed building, any outdoor lighting will need to comply
with the outdoor lighting standards in the zoning ordinance.
5
a. Schools: This site is within the boundaries of School District #5. No impact
is anticipated with the proposed use since it will be a business and not add to
the number of school age children currently within School District #5.
b. Parks and Recreation: There should be no significant impact on the parks
and recreation programs and facilities as a result of this use.
C. Police: Police protection will be provided by the Kalispell Police Department.
No unusual impacts or needs are anticipated from the proposed use.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. No unusual impacts or needs are anticipated from the proposed
use. There are existing fire hydrants in the area to serve the property. The
closest hydrant is located west at the southeast corner of the intersection of
Meridian Road and West Center Street. This hydrant is approximately 155
feet west of the property. East of the property are two hydrants, one on the
north side of West Center Street the other on the south side of the street,
approximately 210 feet from the property.
e. Water: City water currently serves the property. No significant impact on
water services can be anticipated as a result of this use.
f. Sewer: Sewer service is currently provided by the City of Kalispell. No
significant impacts on City sewer services can be anticipated as a result of the
proposed use.
g. Storm Water Drainage: The city's stormwater standards require any new
development which creates impermeable surface areas over 5,000 square feet
must treat its stormwater on the property. Impermeable surfaces include new
buildings or paved parking lots. The proposed project includes both. The size
of the building and required paved parking spaces and drive aisle will increase
the impermeable surface area on the property and will exceed 5,000 square
feet.
To meet the city's stormwater standards the owner will need to submit a
stormwater plan to the public works department. The plan will need to show
how stormwater will be treated and stored on the property. The plan will need
to be approved prior to issuing a building permit on the property and
implemented prior to receiving a certificate of occupancy for the new building.
h. Solid Waste: This property is already being served by Evergreen Waste
Disposal and will have no additional impacts on current services.
i. Streets: West Center Street is classified as a minor arterial street in the city's
transportation plan. The street itself has two travel lanes, one eastbound the
other westbound, with very little sidewalks, curb or gutters from Meridian
Road east to 5th Avenue WN. East of 5th Avenue WN, Center Street widens to
three lanes and includes sidewalks on the south side of the street.
When new commercial or industrial building projects are reviewed, city staff
A
look at the current condition of the adjacent street. If it is lacking a sidewalk,
a boulevard or curbing this is typically placed as a condition on the project to
install. This has been done on portions of West Center Street in the
immediate area. The Les Schwab tire store, just east of the project site and
on the north side of West Center Street, installed a sidewalk and boulevard
along the businesses frontage of West Center Street. A stove shop,
approximately three blocks east of the project site was also required to install
a sidewalk and boulevard as part of the new commercial building being built
on the property. However, no street improvements are being recommended
for this project based on the limited adjacent street right-of-way.
West Center Street has an approximate travel width of 34 feet from Meridian
Road east to Sth Avenue WN. The right-of-way for the street varies in this
section from 40 feet to 66 feet. In front of the project site the right-of-way is
only 40 feet wide. This provides an area of approximately 2-3 feet from the
back of the street curb to the street right-of-way boundary. This area is too
narrow to consider requiring a sidewalk. Additional right-of-way would need
to be acquired to construct a sidewalk. This is typically done through the
subdivision process or by the city purchasing the needed right-of-way from
the property owner. Right-of-way dedication is not within the scope of review
for most conditional use permits and the impacts imposed to the street by the
proposed use of the property do not warrant any such requirements.
Therefore, staff has not placed any conditions on this project for installing a
sidewalk or boulevard on the adjacent street due to the limited right-of-way.
Figure 3: West Center Street right-of-way widths
7
4. Neighborhood impacts: The zoning ordinance provides the following list of impacts
to consider when reviewing a proposed project which may be detrimental to abutting
properties in particular and the neighborhood in general:
• Excessive traffic generation
® Noise or vibration
• Dust, glare, heat
• Smoke, fumes, gas, or odors
® Inappropriate hours of operation
The proposed building will be used for the storage of equipment and materials
related to the painting business on the site. The proposed building will not generate
excessive traffic or create additional noise or vibration. Dust, glare and heat will not
be related to the proposed use and hours of operation are typically business hours,
8:00 a.m. to 5:00 p.m. Monday through Friday. The one issue the planning
department has received complaints about is the odor from lacquer stains and oil
based paints when the painting and staining is being conducted outside. This
directly impacts the property owner immediately east of the site.
Since the business began operating at this site the owner has indicated to planning
staff that outdoor painting and staining of siding, doors, baseboard molding, etc. has
occurred on the property. The owner stated that the outdoor painting and staining
is generally done during warmer months, starting around May and ending by
September or October. The outdoor painting is done during business hours and
may occur once or twice a week at the most. The owner stated that they prefer to do
all of the work at the job site for logistical reasons, however, this becomes difficult
when they are on a residential job site. The owner estimates residential jobs make
up about 10% of the business. Staining and painting of doors and trim at the
residence is sometimes not practical and in these instances it is done at the
business location.
The neighboring property owner immediately east of the painting business owns and
lives in the house with her family. She does not like the odors associated with the
outside painting and staining because this occurs approximately 50 feet from her
back door. She has discussed this with planning department staff and is requesting
all painting and staining of materials, if it has to be done on -site, be conducted
entirely inside with the appropriate ventilation system in place.
The planning department is recommending the outdoor painting and staining of
materials be moved further west, back behind the existing building on the site. This
would provide a greater separation between the outdoor painting and the neighbor's
home, approximately 110 feet. This location is also shielded from the neighboring
residence by the existing building. The proposed outdoor painting and staining
location is not adjacent to any existing residential homes. Figure 4 shows the
current location (red) and proposed location (yellow).
Planning department staff is reluctant to require the owner to install an indoor paint
booth because the owner has conducted outdoor painting and staining on the
property for the last 35 years. Staff does not believe the expansion of the site by way
of an additional building for the storage of equipment and materials warrants a
condition requiring the owner to conduct all painting and staining on the property
inside. However, staff recommends the planning board weigh the issue of outdoor
painting and staining as it relates to neighborhood compatibility and determine if an
indoor painting booth should be a recommended condition of approval to council.
Figure 4: Location of the existing outdoor painting area, shown in red, and the proposed
outdoor painting area, shown in yellow with their approximate distance to the neighboring
home
S. Consideration of historical use patterns and recent changes: This area has
historically included a mix of commercial and industrial business along with
residential homes. Little has changed in the immediate neighborhood over the last
20 to 30 years.
6. Effects on property values: No significant negative impacts on property values
are anticipated. The type of building proposed is typical of that found in the
immediate neighborhood. Regarding the uses on the site, as previously
mentioned, the neighboring property owner has a concern regarding the outdoor
painting and staining of materials. A recommended condition of approval would
require any outdoor painting and staining to be conducted at the southwest corner
of the property, on the south side of the existing building. This location is
adjacent to existing commercial businesses and furthest from the residential
property. This should help to mitigate any negative impacts the current use has
on the adjoining property and possible effects on the property value of that home.
I ZI —YO[OW-10-1
The staff recommends that the planning board adopt the staff report #KCU- 11-3 as findings
of fact and recommend to the Kalispell City Council that the Conditional Use Permit be
approved subject to the following conditions:
On -going conditions:
1. That commencement of the approved activity must begin within 18 months from the
date of authorization or that a continuous good faith effort is made to bring the
project to completion.
2. Upon completion of the new building all outside painting and staining of materials
shall be conducted in the southwest corner of the property, on the south side of the
existing building.
3. If a security gate is used on the property the owner shall install a Knox Lock at the
gate in a location approved by the Kalispell Fire Department.
Prior to the issuance of a building permit:
4. A parking lot plan drawn in accordance with section 27.24.030(3) of the zoning
ordinance shall be submitted prior to the issuance of a building permit. The plan
shall also include an approximate time for parking lot paving. The parking lot
plan shall be reviewed and approved by the planning department.
5. A stormwater management plan designed in accordance with the city's stormwater
standards shall be submitted to the public works department for review and
approval.
11%
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com /planning
APPLICATION FOR CONDITIONAL USE PERMIT
PROPOSED USE:
OWNER(S) OF RECORD:
Name:
Mailin€
City/State/Zip: I 1 SCX , ivy T 59904 Phone: 40(D -75off' k 31
PERSON(S) AUTHORIZED TO REPRE NT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:..,,, e
Name:
MailinE
City/State/Zip: J')aliSWk4S9O4 Phone: W0(0"DG3" Q9747
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street Sec Town-
Address:
'DSOC rST� No. l Noa i htAto
Subdivision Tract Lot Block
Name: No(s). No(s). No.
1. Zoning District and Zoning Classification in which use is proposed:
'i. us % oess 3.
2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses.
b. Dimensions and shape of lot.
C. Topographic features of lot.
d. Size(s) and location(s) of existing buildings
e. Size(s) and location(s) of proposed buildings.
f. Existing use(s) of structures and open areas.
g. Proposed use(s) of structures and open areas.
h. Existing and proposed landscaping and fencing.
3. On a separate sheet of paper, discuss the following topics relative to the proposed
use:
a. Traffic flow and control.
b. Access to and circulation within.. the property.
C. Off-street parking and loading.
d. Refuse and service areas.
e. Utilities.
f. Screening and buffering.
g. Signs, yards and other open spaces.
h. Height, bulk and location of structures.
i. Location of proposed open space uses.
j. Hours and manner of operation.
k. Noise, light, dust, odors, fumes and vibration.
4. Attach supplemental information for proposed uses that have additional
requirements (consult Planner).
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be incorrect or untrue, I understand that
any approval based thereon may �approv
and other appropriate action taken. The
signing of this application si ' ethe Kalispell Planning staff to be present
on the property for routine monitoring d inspection during the approval and
I - - 1-�. �-.. � "-L
t Signature Date
2
916 -Whom.Tt -*'A4ay Concern:
in accordance with items 2 and3 of the
Ayytication Ter mityCease note:
2. Aditems dressed in Site P14n except:
a. Sijrrounding landuses.
i. -Wationalliama Registry
2. CommerciaCRentaCsyace including
computer re air andaudio re I
pair shop.
3. Chiroyractor
4. Truck Bedlitneryaint an accessory shop
5. fes Schivab Truck Center
6. Les Schwab 9'ire Center
7. TersonaCResidence
8. 23t-ock AyyCiance Repair Shoy
3. Ptease be advise dweyroy®se to buikCan
ad&i.tionalshop ®. ouryroyerty locate dat]020
W Center Street is is usedby Hagestad
Painting andCain gs Inc. The new sty® yividbe
use an office, storage a work shop. 91he
type ofworkyerformedby our cony includes
most construction retatedtasks but sec ializing in
yainting, wafficovering,, drywadand
waterproofing. Ttease be advisedour coo
_performs wedover 95% of our work at individual
job sites teaving signffiicantCy tess than 5% of work
to be_performedat our shop. 'we strive to_perform,
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VICINITY MAP SCALE 1" = 100'
EDWARD "MICK" HAGESTAD/HAGESTAD PAINTING/DRYWALL & COATINGS, INC.
REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A CONTRACTOR'S
STORAGE BUILDING IN A B-2 (BUSINESS) ZONE. THE PROPERTY IS
LOCATED AT 1020 WEST CENTER STREET.
PLOT DATE 9/13/11
FILE # KA -11- 0 3 H:\gis\site\kall_03 — Hagestad CUP.dwy
�
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X"f: - « d v±z»1»y fv}+1 ? y * +
��#���■�»:���■�
°,lie undersigned certify that 1did this at mail via L}:»1 Clas ai < copy
of the attached noticeo h following is o landowners v¥�+:*i*1 h
«* L*«» +< :¥r property * «Sale °conditional>use permi
t icc* p<++w. <
requested.
Date:
?<»«<\L*» 2<>ct 2 # 2 ±
±<+ftd < + x*z<»<# y +zr
Edward ages >¥
P.O. Box 2}E}
m\\x\e\ MT»**++
E. Mick, Patty ages =¥
Katie » Kelso+ Ramey
P.O. Box 11262
»allow» MT 299+X
Edward Hagestad
P.O. Box 7111
Kalispell, MT 59904
SFP-B Limited Partnership
P.O. Box 5350
Bend, OR 97708
Willy, LLC
5 South Meridian Road
Kalispell, MT 59901
Jeanine Danielson
Patricia Treat & Kristy Wray
Guardian
621 Shadow Lane
Kalispell, MT 59901
Donald & Colleen Bulman, Jr.
ADO/o Bear Paw Properties
P.O. Box 3001
Kalispell, MT 59903
E. Mick, Patty Hagestad Nancy Howell
Katie &, Kelson Ramey 2585 US Highway 2 West
P.O. Box 11262 Kalispell, MT 59901
Kalispell, MT 59904
International Llama Registry Walter & Cynthia Block
11 1/2 South Meridian Road 1424 Sth Avenue West
Kalispell, MT 59901 Kalispell, MT 59901
Mower Development, LLC Bradley & Cathy Fabel
607 Sanctuary Farm Lane 1030 West Center Street
Kalispell, MT 59901 Kalispell, MT 59901
Joseph Malach Melvin & Phyllis Carr
318 South Meridian Road 815 Sherman Road
Kalispell, MT 59901 Kalispell, MT 59901
Lynn Sterling David & Pamela Fairbank
36 1 Oth Avenue West 320 Gray Lane
Kalispell, MT 59901 Kalispell, MT 59901
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.katispell.com/planning
You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below
and will be most directly affected by its development. You have an opportunity to present your comments and
concerns at the meeting noted below. You may contact this office at (406) 758-7940 for additional information or
visit our website at www.kalispell.com/pllanning under "Planning Board Projects". Written comments may be
submitted to the Kalispell Planning Department at the above address prior to the date of the hearing, or email us at
planning@—kalispell.com.
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
OCTOBER 11, 2011
The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for
Tuesday, October 11, 2011 beginning at T, PM in the Kalispell City Council Chambers, Kalispell
City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take
public comments on the following agenda items. The Board will make a recommendation to the Kalispell
City Council who will take final action.
l . A request from the State of Montana Department of Military Affairs to annex 19.77 acres of land
and zone the land P-1 (Public) upon annexation. The property is the current location of the
National Guard facility. The property is located on the east side of Highway 93 North,
approximately one mile north of the intersection of Highway 93 North and West Reserve Drive.
The property addresses are 2987 and 2989 Highway 93 North. The 19.77 acre site can be legally
described as Tract 2 as shown on Certificate of Survey No. 8594 located in Section 19, Township
29 North, Range 21 West P.M.M Flathead County, Montana.
2. A request by Edward (Mick) Hagestad for a conditional use permit to allow the construction of a
40' x 70' (2,800 square foot) building to be used for the storage of equipment and materials
associated with the painting business currently occupying the property. The painting business is
housed within a building on the south side of the property which will remain. The proposed
2,800 square foot building would provide a small office area and bathroom on the north end of
the building. The remaining building footprint will house equipment and materials associated
with the painting business.
The property is zoned B-2 (General Business) which requires a conditional use permit for the use
of the property as a contractor's storage yard. This would include using a building for the storage
of equipment and materials associated with a contractor's business.
The property is located at 1020 West Center Street, on the south side of the street, approximately
250 feet east of the intersection of South Meridian Road and West Center Street. The property is
approximately 13,000 square feet (0.3 of an acre) in size and can be described as Assessor's Tract
5DEA located in section 18, Township 28 North, Range 21 West P.M.M Flathead County,
Montana.
Mr. Hagestad has also indicated future expansion plans to the property immediately south. These
plans include leasing or purchasing an area approximately 66' x 108' to be used for a covered
storage area and outside work area, weather permitting. This future expansion area is not part of
the requested conditional use permit application. Should Mr. Hagestad pursue expanding his
business south he will need to apply for either an administrative conditional use permit or
standard conditional use permit depending on the size of the expansion area.
STATE OF MONTANA
FLATHEAD COUNTY
VIT OF PUBLICATION
IELLE ROONEY BEING DULY
RN, DEPOSES AND SAYS: THAT HE IS THE
1L CLERK OF THE DAILY INTER LAKE A
Y NEWSPAPER OF GENERAL CIRCULATION,
TED AND PUBLISHED IN THE CITY OF
SPELL, IN THE COUNTY OF FLATHEAD,
°E OF MONTANA, AND THAT NO. L � to $C)
AL ADVERTISMENT WAS PRINTED AND
ISHED IN THE REGULAR AND ENTIRE ISSUE
AID PAPER, AND IN EACH AND EVERY COPY
;EOF ON THE DATES Of af4. 0.5 , Zb)% .
I THE RATE CHARGED FOR THE ABOVE
1TING DOES NOT EXCEED THE MINIMUM
4G RATE CHARGED TO ANY OTHER
ERTISER FOR THE SAME PUBLICATION,
IN THE SAME SIZE TYPE AND PUBLISHED
THE SAME NUMBER OF INSERTIONS.
& 11)y
Subscribed and sworn to
Before me this September ;L6 , 2011
AGil
---------- --
Dorothross
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/11/2013
LGtglc9 DOROTHY I. GLENCROSS
SON �OTA9iyr N NOTARY PUBLIC for the
* SEAL * State of Montana
Residing at Kalispell, Montana
f �c� MY Commission Expires
eo(MoSeptember 11, 2013
i